63N-7 - Utah Office of Tourism

Title 63N > 63N-7

Sections (7)

General Provisions

63N-7-101 - Definitions.

As used in this chapter: 63N-7-101(1) “Board” means the Board of Tourism Development created in Section 63N-7-201. 63N-7-101(2) “Managing director” means the managing director of the Utah Office of Tourism. 63N-7-101(3) “Sports organization” means an organization that:

is exempt from federal income taxation in accordance with Section 501(c)(3), Internal Revenue Code; maintains the organization’s principal location in the state; has a minimum of 15 years experience in the state hosting, fostering, and attracting major summer and winter sporting events statewide; and was created to foster state, regional, national, and international sports competitions in the state, to drive the state’s Olympic and sports legacy, including competitions related to Olympic sports, and to promote and encourage sports tourism throughout the state, including advertising, marketing, branding, and promoting the state for the purpose of attracting sporting events in the state. 63N-7-101(4) “Tourism office” means the Utah Office of Tourism created in Section 63N-7-102.

63N-7-102 - Utah Office of Tourism created — Appointment of managing director — Responsibilities of tourism office.

63N-7-102(1) There is created within GOEO the Utah Office of Tourism. 63N-7-102(2) The executive director shall appoint a managing director of the tourism office.The managing director may, with the approval of the executive director, appoint staff. 63N-7-102(3) The tourism office shall:be the tourism development authority of the state;develop a tourism advertising, marketing, branding, destination development, and destination management program for the state;receive approval from the board under Subsection 63N-7-202(1)(a) before implementing the program described in Subsection (3)(b);develop a plan to increase the economic contribution by tourists visiting the state;plan and conduct a program of information, advertising, and publicity relating to the recreational, scenic, historic, cultural, and culinary tourist attractions, amenities, and advantages of the state at large;encourage and assist in the coordination of the activities of persons, firms, associations, corporations, travel regions, counties, and governmental agencies engaged in publicizing, developing, and promoting the tourist attractions, amenities, and advantages of the state;conduct a regular and ongoing research program to identify statewide economic trends and conditions in the tourism sector of the economy; andensure that any plan or program developed under this Subsection (3) addresses, but not be limited to, the following policies:enhancing the state’s image;promoting the state as a year-round destination;encouraging expenditures by visitors to the state; andexpanding the markets where the state is promoted.

63N-7-103 - Annual report.

The executive director shall include, in the annual written report described in Section 63N-1a-306 , a report from the managing director on the activities of the tourism office, including information regarding the economic efficiency and results of the tourism advertising, marketing, branding, destination development, and destination management program developed under Section 63N-7-102 .

63N-7-104 - Agreements with other governmental entities.

The tourism office may enter into agreements with state or federal agencies to accept services, quarters, or facilities as a contribution in carrying out the duties and functions of the tourism office.

Board of Tourism Development

63N-7-201 - Board of Tourism created — Members — Meetings — Expenses.

63N-7-201(1) There is created within the tourism office the Board of Tourism Development. 63N-7-201(2) The board shall consist of 15 members appointed or reappointed by the governor to four-year terms with the advice and consent of the Senate.Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of board members are staggered so that approximately half of the board is appointed every two years. 63N-7-201(3) The members may not serve more than two full consecutive terms unless the governor determines that an additional term is in the best interest of the state. 63N-7-201(4) The members shall be representative of:all areas of the state with six being appointed from separate geographical areas as provided in Subsection (4)(b); anda diverse mix of business ownership or executive management of tourism related industries.The geographical representatives shall be appointed as follows:one member from Salt Lake, Tooele, or Morgan County;one member from Davis, Weber, Box Elder, Cache, or Rich County;one member from Utah, Summit, Juab, or Wasatch County;one member from Carbon, Emery, Grand, Duchesne, Daggett, or Uintah County;one member from San Juan, Piute, Wayne, Garfield, or Kane County; andone member from Washington, Iron, Beaver, Sanpete, Sevier, or Millard County.The tourism industry representatives of ownership or executive management shall be appointed as follows:one member from ownership or executive management of the lodging industry, as recommended by the tourism industry for the governor’s consideration;one member from ownership or executive management of the restaurant industry, as recommended by the restaurant industry for the governor’s consideration;one member from ownership or executive management of the ski industry, as recommended by the ski industry for the governor’s consideration; andone member from ownership or executive management of a tourism-related transportation provider, as recommended by the tourism industry for the governor’s consideration.One member shall be appointed at large from ownership or executive management of business, finance, economic policy, or the academic media marketing community.One member shall be appointed from the Utah Tourism Industry Association, as recommended by the association for the governor’s consideration.One member shall be appointed to represent the state’s counties, as recommended by the Utah Association of Counties for the governor’s consideration.One member shall be appointed from an arts and cultural organization, as recommended by the arts and cultural community for the governor’s consideration.One member shall be appointed to represent the outdoor recreation industry, as recommended by the outdoor recreation industry for the governor’s consideration.The governor may choose to disregard a recommendation made for the board members described in Subsections (4)(c), (e), and (f) through (h).The governor shall request additional recommendations if recommendations are disregarded under Subsection (4)(i)(i). 63N-7-201(5) When a vacancy occurs in the membership for any reason, the governor shall, with the advice and consent of the Senate, appoint a replacement for the unexpired term from the same geographic area or industry representation as the member whose office was vacated. 63N-7-201(6) Eight members of the board constitute a quorum for conducting board business and exercising board powers. 63N-7-201(7) The governor shall select one of the board members as chair and one of the board members as vice chair, each for a four-year term as recommended by the board for the governor’s consideration. 63N-7-201(8) A member may not receive compensation or benefits for the member’s service, but may receive per diem and travel expenses in accordance with:Section 63A-3-106;Section 63A-3-107; andrules made by the Division of Finance under Sections 63A-3-106 and 63A-3-107. 63N-7-201(9) The board shall meet monthly or as often as the board determines to be necessary at various locations throughout the state. 63N-7-201(10) Members who may have a potential conflict of interest in consideration of fund allocation decisions shall identify the potential conflict prior to voting on the issue. 63N-7-201(11) The board shall determine attendance requirements for maintaining a designated board seat.If a board member fails to attend according to the requirements established pursuant to Subsection (12)(a), the board member shall be replaced upon written certification from the board chair or vice chair to the governor.A replacement appointed by the governor under Subsection (12)(b) shall serve for the remainder of the board member’s unexpired term. 63N-7-201(12) The board’s office shall be in Salt Lake City.The tourism office shall provide staff support to the board.

63N-7-202 - Board duties.

63N-7-202(1) The board shall:

approve a tourism program of out-of-state advertising, marketing, and branding, taking into account the long-term strategic plan, economic trends, and opportunities for tourism development on a statewide basis, as a condition of the distribution of funds to the tourism office from: the Tourism Marketing Performance Account created in Section 63N-7-301; and the Stay Another Day and Bounce Back Account created in Section 63N-2-511; review tourism office programs to coordinate and integrate advertising and branding themes, which may include recreational, scenic, historic, cultural, and culinary tourist attractions, amenities, and advantages of the state, to be used in tourism office programs; encourage and assist in coordinating activities of persons, firms, associations, corporations, civic groups, and governmental agencies that are engaged in publicizing, developing, and promoting the tourist attractions, amenities, and advantages of the state; advise the tourism office in establishing a cooperative program using funds from the Tourism Marketing Performance Account created in Section 63N-7-301; and advise the tourism office on the tourism office’s planning, policies, and strategies and on trends and opportunities for tourism development that may exist in the various areas of the state. 63N-7-202(2) The board may:

solicit and accept contributions of money, services, and facilities from any other sources, whether public or private, and shall use these funds for promoting the general interest of the state in tourism; and establish subcommittees for the purpose of assisting the board in an advisory role. 63N-7-202(3) The board may not, except as otherwise provided under Subsection (1)(a), make policy related to the management or operation of the tourism office.

Tourism Marketing Performance Account

63N-7-301 - Tourism Marketing Performance Account.

63N-7-301(1) There is created within the General Fund a restricted account known as the Tourism Marketing Performance Account. 63N-7-301(2) The account shall be administered by the tourism office for the purposes listed in Subsections (6) and (7). 63N-7-301(3) The account shall earn interest. All interest earned on account money shall be deposited into the account. 63N-7-301(4) The account shall be funded by appropriations made to the account by the Legislature in accordance with this section. 63N-7-301(5) The managing director shall use account money appropriated to the tourism office to pay for the statewide advertising, marketing, and branding campaign for promotion of the state as conducted by the tourism office. 63N-7-301(6) For each fiscal year, the tourism office shall annually allocate 10% of the account money appropriated to the tourism office to a sports organization for advertising, marketing, branding, and promoting Utah in attracting sporting events into the state. The sports organization shall: provide an annual written report to the tourism office that gives an accounting of the use of funds the sports organization receives under this Subsection (6); and promote the state and encourage economic growth in the state. 63N-7-301(7) For each fiscal year, the tourism office shall allocate 20% of the funds appropriated to the Tourism Marketing and Performance Account to the cooperative program described in this Subsection (7). Money allocated to the cooperative program may be awarded to cities, counties, nonprofit destination marketing organizations, and similar public entities for the purpose of supplementing money committed by these entities for advertising and promoting sites and events in the state. The tourism office shall establish: an application and approval process for an entity to receive a cooperative program award, including an application deadline; the criteria for awarding a cooperative program award, which shall emphasize attracting out-of-state visitors, and may include attracting in-state visitors, to sites and events in the state; and eligibility, advertising, timing, and reporting requirements of an entity that receives a cooperative program award. Money allocated to the cooperative program that is not used in each fiscal year shall be returned to the Tourism Marketing Performance Account.